Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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SRIKANTH MYLAVARAPU (SENIOR OFFICER (LEGAL))     23 June 2010

COUNTER CLAIM

'A' FILED A SUIT AGANIST 'B' IN JUNOR CIVIL JUDGE COURT FOR RECOVERY OF  RS1,00,000/-(ON BASIS OF PROMISSORY NOTE)

IN ANOTHER AGREEMENT 'A' HAS TP PAY Rs1,25,000/- TO 'B'

CAN 'B' FILES THE COUNTER CLAIM AGANIST 'A'? IF SO WHAT THE EFFECT?



Learning

 12 Replies

Adv. Gulammayudin A. Gagdani (LEGAL ADVISOR)     23 June 2010

yes as per law counter claim can be submitted in reply of evidence of recovery presented by A as per your example.

on the merits of the court will decide accordingly.

SRIKANTH MYLAVARAPU (SENIOR OFFICER (LEGAL))     23 June 2010

THANKS FOR UR VALUABLE REPLY BUT I COULD NOT GET THE CORRECT ANSWER

ALREADY 'A' FILED A SUIT AGANIST 'B' IN A COURT OF JUNIOR CIVIL JUDGE

CAN 'B' CLAIM THE CONTER CLAIM IN THE SAME COURT ?

THATS MY EXACT QUESTION IN THE QUERY

SRIKANTH MYLAVARAPU (SENIOR OFFICER (LEGAL))     23 June 2010

Mr.SKJ

FOR INSIATING A LEGAL PROCEEDINGS MOSTLY WE CONSIDER ON JURSIDCTION AND LIMITATION.

NOW WHAT IM EXACTLY ASK ALL OUR MEMBERS IS

HOW 'B' CAN FILE THE COUNTER CLAIM IN THE SAME COURT AS THE PECUNIARY JURISDICTION  OF JUNIOR CIVIL JUDGE COURT IS 1,00,000/-

NOW HOW A JUNIOR COURT  WILL ENTERTAIN THE COUNTER CLAIM OF 'B'?

CLARIFY/COMMENT IT?

Adv. Gulammayudin A. Gagdani (LEGAL ADVISOR)     23 June 2010

WELL IN THE SAME COURT AND IN THE SAME CASE YOU HAVE TO FILE COUNTER CLAIM, 

AS YOU FILE WRITTEN STATEMENT OR REPLY TO PLAINT IN WRITTEN STATEMENT IN COURT CASE.

 

Adv. Gulammayudin A. Gagdani (LEGAL ADVISOR)     23 June 2010

WELL I REQUEST YOU TO KINDLY STUDY CPC FIRST, AS IF AT ALL YOU HAVE GONE THROUGH IT ONCE YOU WOULD NOT HAVE ASKED THIS QUESTION.

niranjan (civil practice)     23 June 2010

Counter claim or set-off must be within the pecuniary jurisdiction of the court.Here in this case since B is demanding Rs.1.25 lacs,which is beyond the pecuniary jurisdiction of JD,you will have to file separate suit for recovery of that money and get the suit pending in the JD transferred to SD court and clubbed.In money matters set-off has tobe filed and not counterclaim.

Jagan mohan (advocate)     24 June 2010

my dear friend , B can file counter claim in the same court which is already filed by the A. 

niranjan (civil practice)     24 June 2010

Pl.see Order 8,rule 6.....not exceeding the pecuniary limits of the jurisdiction of the court...6-A..Provided that such counter-claim shall not exceed the pecuniary limits of the jurisdiction of the court.

niranjan (civil practice)     24 June 2010

Well if the JD court has jurisdiction upto Rs.one lac, can u file suit for recovery of Rs. 1.25 in JD court? If answer is no,so is about counterclaim and set off.Any further querry sir ?

SRIKANTH MYLAVARAPU (SENIOR OFFICER (LEGAL))     25 June 2010

 Mr.Gulammayudin A.

thanks for your kind advise

i want to say one thing before answering my query think twise and twise definatly a new point u will get.

i know what im asking

before answering my query kindyl go through the CPC my dear friend

CPC is an ocean i know  some drops of loop holes in the sea i want to share my knowlege to others dont try to through mud on me

i u have guts try to give correct answers to my query else read the answers said by our members.

if my question is a foolish one definately all our members may say  but here i got an correct answer from mr.niranjan

SRIKANTH MYLAVARAPU (SENIOR OFFICER (LEGAL))     25 June 2010

Mr.Niranajn

what ever u said is correct

practically i faced this problem so i asked in this query

i appeared for plaintiff and defendant pleads counter claim

he pleaded in JCJ

case was gone for 3 years

the court dismised the defefndant counter claim as he failed the claim in the court was not have an jurisdiction

the defendant lost his limitation period

now due to advocate mistake the defendant lossed his money due from the plaintiff

so to say this i asked this questio in this forum

if it is a bad question kindly convey no thanks else convey thanks to me

thanking you

srikanth

O. Mahalakshmi (Law practiece)     28 June 2010

Why not B can file counter claim against A


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